Saheb Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17932 of 2022 Arising Out of PS. Case No.-505 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== Saheb Sahani Son of Gagandev Sahni Resident of village - Purainiya, P.S.- Minapur, District - Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bela Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 22-07-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Muzaffarpur Excise Case No. 505 of 2021 arising out of P.R. No. 24 registered for the alleged offences under Sections 30 (a) and 30(C) of the Bihar Prohibition and Excise Act.

Allegedly, total 30 litres of Chulai liquor was recovered from the hut of the petitioner and the petitioner is stated to be involved in manufacture of illicit country made

Patna High Court CR. MISC. No.17932 of 2022(2) dt.22-07-2022 2/3 liquor.

The learned counsel for the petitioner submits that the petitioner is innocent and nothing incriminating has been recovered from his conscious possession. Charge-sheet has been submitted and the petitioner is in custody since 08.12.2021. Learned APP opposes the prayer for bail.

Having regard to the submissions made hereinabove and considering the fact that the recovery is of 30 litres of Chulai liquor only and further considering the submission of charge sheet in the case along with the period of the custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise) Court No. II, Muzaffarpur in connection with Muzaffarpur Excise No. 505 of 2021 arising out of P.R. No. 24, subject to the following conditions : (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the

Patna High Court CR. MISC. No.17932 of 2022(2) dt.22-07-2022 3/3 bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Rajnish/- U T